What are the Property Rights of an Adopted Child?
Mar 28, 2019 Real Estate News
According to the Hindu Succession Act, 1956, the term ’son’ does not have any proper definition. Hence the adopted child enjoys as much right over the property of father as the biological child. If a person dies without leaving a will behind, the property can be inherited by the heirs equally.
According to Hindu law, if a child is under the age of 15, never been adopted before and unmarried, they can be adopted. The same is not true for other religion. Islam, Christianity, Parsis and Jews do not have laws related to adoption. Hence, if they wish to adopt a child, they must follow the rules laid out in the Guardians and Wards Act, 1890, and take up the guardianship of the child.
Under the Guardianship law and Juvenile Justice Act, 2015, children who aren’t Hindu, are unmarried, are a minor, or are an orphan or abandoned, can be adopted.
The adoptive parents can also claim their rights on the adoptive child’s property as well. That is they are entitled to inherit from their adopted child.
But the adoptive child loses their right on their biological parents and relatives property after they have been adopted. They cannot claim any right on the property of their biological parents or coparceners.
The biological parents can, however, give the property to their child who has been adopted by someone else, through a gift. That is the only possible way a child can have his right on the property of his biological parent.
Adoption conditions
Before we discuss the property rights, let us first look into the adoption conditions that must be followed for the child to be able to inherit from his adopted parents.According to Hindu law, if a child is under the age of 15, never been adopted before and unmarried, they can be adopted. The same is not true for other religion. Islam, Christianity, Parsis and Jews do not have laws related to adoption. Hence, if they wish to adopt a child, they must follow the rules laid out in the Guardians and Wards Act, 1890, and take up the guardianship of the child.
Under the Guardianship law and Juvenile Justice Act, 2015, children who aren’t Hindu, are unmarried, are a minor, or are an orphan or abandoned, can be adopted.
Rights of adopted child on the property
The adopted child has the right to claim his right in the property just as the biological child would. The adoptive child can claim their stakes on their adoptive parent’s property.The adoptive parents can also claim their rights on the adoptive child’s property as well. That is they are entitled to inherit from their adopted child.
But the adoptive child loses their right on their biological parents and relatives property after they have been adopted. They cannot claim any right on the property of their biological parents or coparceners.
Exception
If the parent of the adopted parents of the child were disqualified from the ancestral property or property in general, then they cannot stake their claim on it. What is the reason for disqualification? According to the law, then no one can be disqualified on the basis of disease, defect or deformity. But if the person is a widow and later remarried, then they do not have any right on their deceased husband’s property. Heirs of the convert who have not retained their original religion at the time of succession, criminals, half-blood, and other circumstances where the adopted parents who themselves cannot inherit the property, are in no position to let their adopted child stake their claim on it.The biological parents can, however, give the property to their child who has been adopted by someone else, through a gift. That is the only possible way a child can have his right on the property of his biological parent.
